DOROTHY B. TERRE, complainant, vs. ATTY. JORDAN TERRE, respondent.

1992-07-03 | A.C. No. 2349

RESOLUTION Marriage – Void Marriages – Polygamous and Bigamous

PER CURIAM: Administrative Complaint

Facts:

Dorothy had a husband when Jordan Terre (respondent) courted her. She ignored him because she
decided nothing would come of it since she was married. Interestingly, the respondent, being a law
student at the time, explained to her that their marriage was void ab initio since she and her first
husband were first cousins. Consequently, she agreed to marry him. In their marriage license, despite
her [complainant's] objection, he [respondent] wrote 'single' as her status explaining that since her
marriage was void ab initio, there was no need to go to court to declare it as such.

But after sometime the respondent disappeared despite the complainant being pregnant, and the latter
found out that former married a certain Vilma. She then filed a case for abandonment of minor, and
likewise filed a case for bigamy against respondent and his current partner. In his defense, respondent
Jordan Terre claimed that he had believed in good faith that his prior marriage with complainant
Dorothy Terre was null and void ab initio and that no action for a judicial declaration of nullity was
necessary.

Issue:

Controlling: Whether or not the respondent committed bigamy when he contracted a second marriage
without declaration of nullity of the first

General: Whether or not bigamy constitute grossly immoral conduct, a ground for disbarment

Ruling:

Yes. Jordan committed bigamy because his first marriage to complainant Dorothy Terre is deemed valid.
Since it is valid, it follows that a judicial declaration must first be obtained by Jordan to free him legally
to contract a second marriage. In this case, he immediately contracted a second marriage with a certain
Helina without the said decree.

Yes. We believe and so hold that the conduct of respondent Jordan Terre in inveigling complainant
Dorothy Terre to contract a second marriage with him; in abandoning complainant Dorothy Terre after
she had cared for him and supported him through law school, leaving her without means for the safe
delivery of his own child; in contracting a second marriage with Helina Malicdem while his first marriage
with complainant Dorothy Terre was subsisting, constituted "grossly immoral conduct" under Section 27
of Rule 138 of the Rules of Court, affording more than sufficient basis for disbarment of respondent
Jordan Terre. He was unworthy of admission to the Bar in the first place. The Court will correct this error
forthwith.

WHEREFORE, the Court Resolved to DISBAR respondent Jordan Terre and to STRIKE OUT his name from
the Roll of Attorneys. A copy of this decision shall be spread on the personal record of respondent
Jordan Terre in the Bar Confidant's Office. A copy of this resolution shall also be furnished to the
Integrated Bar of the Philippines and shall be circularized to all the courts of the land.